  1844. Events Preceding the Defence of Lord Metcalfe. The defence of Lord Metcalfe, the Governor-General of Canada, who succeeded Sir Charles Bagot in 1843, was unquestionably the most memorable act of Dr. Ryerson's long and eventful life. His previous training for twenty years in the school of controversy in relation to civil and religious rights; his personal intercourse with leading statesmen in England on Canadian affairs; his contests for denominational equality with successive Governors in Upper Canada, and his counsels and suggestions, (offered at their request), to such notable representatives of Royalty in Canada as Lord Durham, Lord Sydenham, Sir Charles Bagot, and Sir Charles Metcalfe, put it beyond the power of even the most captious to question the pre-eminent qualifications of Dr. Ryerson to discuss, in a practical and intelligent manner, the then unsettled question of responsible government as against the prerogative—a question which had arisen between Sir Charles Metcalfe and his late Councillors. In the chapter which Dr. Ryerson had prepared for this part of the Story of his Life, he thus refers to his intercourse with, and relations to, the distinguished Governors whom I have mentioned. He said:— In 1839 a Royal Commission was issued to Lord Durham to investigate the affairs of Canada, and report thereon to Her Majesty. While engaged in his important duty he sent for and conferred with me repeatedly, and treated me with such consideration, as that on leaving him he would accompany me to the door and open it for me, shaking hands with me most cordially. After his return to England he sent me a copy of his famous Report (addressed by himself) before it was laid on the table of the House of Lords. On receiving in advance this report of Lord Durham I published in the Guardian, with appropriate headings, extracts from that part of it which related to the establishment of responsible government and its administration in Canada, and then lent the extracts and the type on which they were printed to Mr. (afterwards Sir) Francis This was the state of things until 1843, when Sir Charles Bagot died, and Sir Charles Metcalfe was appointed to succeed him. I had the melancholy pleasure of offering a tribute (in the form of an obituary notice) to the character and administration of both Lord Sydenham and Sir Charles Bagot—papers much noticed and widely circulated at the time as the best specimens of any writing which had ever appeared; but I had a genial theme and good subjects in both cases. Sir Charles Metcalfe was popular with all parties at first: but after a few months a difference arose between him and his Councillors as to the appointment of the Clerk of the Peace of the County of Lanark, and then on the principle of appointments to office; or in other words, the exercise of the patronage of the Crown. To understand the character of this famous and much misrepresented controversy, and how I became involved in it, some preliminary and explanatory remarks are necessary:— It is to be observed in the first place, that one chief subject of complaint by "Reformers" for many years—nay from the beginning—was the partial exercise of the patronage of the Crown, appointing magistrates, officers of militia, judges, etc., from men of one party only, in whose behalf every kind of executive favour was bestowed for years. This was the purport of their complaints in the various petitions and addresses of "Reformers" to the Earl of Durham, Lord Sydenham, Sir Charles Bagot, etc., who necessarily promised that the Governments should henceforth be conducted upon the principles of justice, "according to the well understood wishes of the people," of whom "Reformers" claimed to contribute a large majority, and even of the liberal Conservative members of the Church of England. But singular to say, on the occurrence of the first vacancy, the Reform government urged upon Sir Charles Metcalfe the appointment of one of their own party, irrespective of the superior claims, as the Governor conceived (on the ground of service, experience and fitness), of a deserving widow and her orphan son. The circumstances were as follows: Amongst the early gentlemen immigrants in the County of Lanark was a Mr. Powell, a man of wealth and education; but in attempting to clear and cultivate a farm in a new country, he soon expended his means and became reduced in circumstances. He was appointed Clerk of the Peace, and discharged its duties for many years, when he sickened and died. During the two years' sickness which preceded his death, the duties of office were discharged satisfactorily by his son, who was then about twenty or twenty-one years of age. On the death of her husband, the Widow Powell proceeded to Kingston to plead in person before Sir Charles Metcalfe for the appointment of her son to the office vacated by the death of her husband, and as the only means of supporting herself and family. One can easily conceive the effect of such an appeal upon Sir Charles Metcalfe's benevolent feelings. He declined the advice of his Councillors for a party appointment, and determined to appoint the widow's son to the office rendered vacant by the death of her husband, and one which he had successfully discharged for nearly two years. The Council, instead of resigning on the fact of the appointment, sought to obtain from Sir Charles Metcalfe a promise that he would henceforth act upon their advice. He said he would always receive and consider their advice, but would give no promise on the part of the Crown as to how far he would pledge the prerogative in advance and act upon that advice. On this the Councillors resigned, charging Sir Charles Metcalfe with violating the principles of responsible government. This he positively denied. The circumstances of the case were so mystified by the statements made, that general prejudice was excited against Sir Charles Metcalfe, and the Councillors seemed for the time to have the country at their backs. I was at that time President of Victoria College; and the late Hon. Wm. Hamilton Merritt, returning from Kingston at the sudden close of the Session of Parliament held there, stopped the stage in front of the College, called to see me, and asked me what I thought of the occurrences between the Governor-General and his Councillors. I told him that, from what I had heard, my sympathies were with the Councillors. He answered that I was mistaken; that the Councillors were clearly in the wrong; that they had made a great mistake, and were endangering principles of government for which he had so long contended. He then stated the particulars of what had transpired, and referred me, in confirmation of his statement, to the documents and correspondence which would all be printed in a few days. I replied, that if what he (Mr. Merritt) stated was correct, Sir Charles Metcalfe was an injured man, and that the new system of responsible government was likely to be applied in a way contrary to what had always been professed by its After Mr. Merritt returned to St. Catharines he wrote to Dr. Ryerson early in January, 1844 on the subject, as follows:— There can be little doubt that both the Governor and his late administration have erred. A conciliatory spirit would have avoided this crisis; they had an opportunity of placing this Province in a most enviable situation—they have neglected, or did not possess the ability to avail themselves of it; and I am sorry to say, that I am neither satisfied with their measures, nor can I place confidence in their judgment. At the same time I feel so thoroughly convinced of the necessity of having under the control of our Legislature the entire management of our internal concerns—without which any attempt at a thorough reformation would be useless—that I have my apprehensions, that any movement which would have a tendency to check its onward progress, would be injurious—the principle does not appear to be fully understood, or fully conceded. The time has not arrived—nevertheless I feel satisfied the Governor-General would admit it, and act fully up to it with any Cabinet which possessed his confidence, and thus bring it into action much earlier than persisting in the opposite course. On the other hand, you are subject to the imputation of abandoning men who resigned for the maintenance of that principle, and few can doubt the honesty of purpose of Lafontaine and Baldwin. Being thus placed on the horns of a dilemma, the wisest plan is, perhaps, to let matters take their course—at all events I have made up my mind to do so. I should be most happy to hear from you on the subject, knowing you have given those subjects much attention; and believing that your mind is devoted to promoting the best interests of your fellow countrymen, your opinions are received with attention, and always carry great weight with me. To this letter from Mr. Merritt, Dr. Ryerson replied on the 20th January, 1844, as follows:— After you called upon me, I turned my attention to the state of our public affairs, and reflected on them from various points of view. I concluded to state my views to His Excellency, if he requested me to do so, and also to Hon. S. B. Harrison, if I should see him. Dr. Ryerson having gone to Kingston at the request of Sir Charles Metcalfe, saw Mr. Harrison, who urged him to state his views fully to the Governor-General. In the same letter to Mr. Merritt, Dr. Ryerson said:—The next day, in compliance with His Excellency's expressed wish, I laid before him the result of my reflections on the present state of our affairs, in an interview of three hours and a half. In them His Excellency expressed his full concurrence, and thanked me cordially for the trouble I had taken to wait upon him and state at large what he considered of so much importance. In addition to the question at issue between Sir Charles Metcalfe and his late Councillors, Dr. Ryerson discussed with him the subject of the reconstruction of his Cabinet. The result he thus states in his As to your superior qualifications for the position offered you, there can be but one opinion in the country. I am satisfied that, without the slightest sacrifice of principle or consistency—upon the broadest principles of responsible government, and in harmony with the best interests of the country—you can accept of office. I think that when the views I have expressed to His Excellency are fairly and fully stated to the country, you would, in office, have a large majority of at least the Upper Canada members of the present House of Assembly to support you; and, in case of a general election, I doubt not but you would have an ample majority in the new Parliament. Should you consent to take office, I think you need not fear the result. I think there is a fair opportunity for you to render a great service to the country, and to establish still more widely and permanently an already honourable reputation of no common order. I shall be glad, at your earliest convenience, to learn the result of your deliberations. I should also be happy to see you, if you should soon proceed to Kingston. Whatever the Governor-General may have heretofore thought of either the theory or practice of responsible government, he is certainly right on the subject now. And when His Excellency avows what Sir F. Head denied, and offers everything that has been demanded, surely, as far as principles of government are concerned, the country wants, and ought to have, no more. I think it will be a fearful calamity to the country, if we drive Sir Charles Metcalfe away from us. I doubt whether England can produce his like for Canada. To this letter Mr. Merritt replied, on the 25th January:— I regret to say that my own private affairs, arising from circumstances which have occurred since I saw you, prevent my assuming any situation under the Government which must necessarily occupy my undivided attention. I have heard from and replied to Mr. Harrison to the same effect. I am under some apprehension that you mistake the feelings of the majority of Upper Canada members. A mere majority would ensure defeat; they must act in a body to give a majority in the present House; and from recent indications, there appears to be a change in the minds of those who were under very different impressions some time since. Although I was under a different impression some time since, I cannot see any chances of a new ministry being sustained, unless by a dissolution. 1. A majority seems indispensable to secure which the Reformers of Upper Canada must unite—and every Conservative must support them also;—the first cannot be relied on, therefore it is unnecessary to discuss the second. Most of the present members will feel themselves committed by their recent vote; they will all be pressing for a new election; and shape their course to the prevailing opinions. No ministry can have time to bring their measures before the public to produce any general impression; and no ministry can have confidence in the ultimate success of the wisest measures. In short, they will have no chance to exercise their ability, with a view of commanding success. Whereas, were a new election to take place (on the declaration by the Governor-General, that from the difficulty he experienced in making up a ministry which would command a majority of the present House, in conformity to the principles he avowed), the Governor-General could appeal to the people to return a representation from which he could select a Council possessing their confidence. Such an appeal would not be inconsistent with his former declarations, which must have been predicated on his obtaining a Council which would command a majority. Under such circumstances members would feel very naturally a much greater anxiety in sustaining any ministry with a chance of four years to test their measures, than as many days, as in the present instance. As far as I am individually concerned, even in that case, I could not accept of office unless I succeeded in arranging my own personal concerns, which I hope to effect during the season. I hear that in this district a strong feeling prevails in favour of the late ministry, who resigned, as they believe, to support the principle of responsible government; and they cannot understand that the Governor-General adheres to the same. This impression is natural; and it takes a long time to remove error. No man doubts the motives of Mr. Baldwin; none other of the administration is named, or possesses the least weight. I have not moved about or corresponded with a single member of the House, and I shall remain as passive as possible. I fully agree with you, that with the present Governor-General a fair opportunity offers to carry out useful projects; nay more, I am sure that one half of the present revenue now wasted, could be saved (not less than £100,000) for useful objects; but I cannot at present assist in carrying it into effect, which you cannot regret more than I do. In a note received from Mr. Civil Secretary Higginson, dated 10th April, he gave Dr. Ryerson the reasons for the unexpected delay in the formation of a new Cabinet. Hon. S. B. Harrison had also written to him on the same subject, so far as he and the other proposed Upper Canada members were concerned. Mr. Higginson said: The formation of a permanent Council has been most vexatiously, but unavoidably, delayed, owing to the extraordinary timidity—I can call it by no more appropriate name—of our friends in Lower Canada—the most eligible of whom have hitherto shrunk from the responsibility they would incur by the acceptance of office. Hon. D. B. Viger, who is still in Montreal, and who ought from long experience, to have a good knowledge of his countrymen, expresses himself confident of the result, and is of opinion that the delay, of which we complain, produces good and strengthens His Excellency's position. It is very evident that it has a different effect in the West; and it is to be hoped that as soon as the Montreal election is over (of which, barring violence, Mr. Molson is certain) immediate steps will be taken to fill up the offices now vacant. In reply to Mr. Higginson's note, Dr. Ryerson said:— I do not think that much evil arises at the present time, even in Canada West, from delay. Could the vacancies be filled up two or three months ago, the government would have secured the support of thousands who have since swelled the ranks of the ex-Councillors. But the loss by delay was, I think, incurred to its full extent during the months of January, February, and March. The proceedings of the late meeting of the Leaguers in Toronto have doubtless added something to their strength. But some portions of these very proceedings will meet them in a way they little expect—not, to be sure, before a jury of twelve men, as did the nine months' proceeding of O'Connell and his associates, but before the jury of the whole country, and upon principles sanctioned by the Constitution and history of England, which, I believe more confidently than when I wrote last, will result in a triumphant acquittal and justification of the Vice-Regal defendant. On the 23rd May, Mr. Civil Secretary Higginson wrote to Dr. Ryerson, as follows:— You will be sorry to hear that Hon. Mr. Harrison has failed to make certain private arrangements which he so much hoped for, and that he has declined to take office. He is, therefore, unable to join the Cabinet. FOOTNOTES: |
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